Garvin v. Pettee

Citations

• 13 S.D. 239
• 83 N.W. 251
• 1900 S.D. LEXIS 134

Syllabus

<p>1. A notico that a motion to dismiss an appeal will be made in the supreme court at a time and pface stated is sufficient to entitle the moving' party-to a hearing-, although the motion is not entitled as being made in this court.</p> <p>2. A motion to dismiss an appeal may be made in the supreme court before the cause appears upon the calendar.</p> <p>3. Where an appeal is taken from an order dissolving' a temporary injunction, under Comp. Laws, £ 5228, and no further steps are taken to prosecute the appeal for four months, nor any excuse shown why the cause is not prepared for argument, the appeal will be dismissed on motion of appellee.</p>